Citation Nr: 21024088 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 13-34 407 DATE: April 22, 2021 REMANDED Entitlement to nonservice-connected death pension benefits from September 1, 2013 is remanded. REASONS FOR REMAND Unfortunately, the Veteran passed away in June 2008. Given such, prior to discussing the appeal at hand, the Board would be remiss if it did not recognize his outstanding service, where he served in the United States Air Force on active duty from June 1947 to April 1965. The Veteran was clearly a credit to the United States Air Force and to his family, and his service to his country is greatly appreciated. In the present case, the appellant filed a claim for nonservice-connected death pension benefits on August 12, 2012. The Regional Office (RO) granted non-service-connected death benefits until September 1, 2013. Effective September 1, 2013, the RO found that the appellant’s income exceeds the Maximum Annual Pension Rate (MAPR). This was considered a partial grant of benefits sought on appeal. Given such, the Board has recharacterized the issue to reflect entitlement to nonservice-connected death pension benefits from September 1, 2013. In August 2015, this appeal was remanded for further development. In the August 2015 Board decision, the Board remanded this appeal in order to obtain needed financial data to properly evaluate the appellant’s claim. The Board requested that the appellant provide additional information concerning her personal medical expenses from the years 2012 to the present and any other additional income she is receiving (i.e. Social Security Administration benefits, military retirement, etc.). While the record reflects that the RO did request this information from the appellant, she did not respond. However, the Board also requested an audit of the appellant’s account from December 1, 2011, to the present, in order to provide the basis of all adjusted amounts paid to the appellant with respect to death pension benefits. Although an audit was provided it only included information from 2012 to 2014. Furthermore, the audit is unclear and does not state the amount of monies paid to the appellant in terms of any pensions and/or annuities by VA. Specifically, the Board notes that in 2013, the RO determined that the appellant received $11,703 annually in pensions and annuities and $330 in interest annually. Again, as the appellant did not respond to VA’s developmental letter, it is unclear if she is receiving monies from VA, in the form of accrued military pensions. However, as any monies paid to the appellant by VA would be within the knowledge of VA, the Board finds that an updated audit is necessary. Under 38 C.F.R. § 3.272, the following shall also be excluded from countable income for the purpose of determining entitlement to nonservice-connected death pension benefits: payments under Chapter 15, including accrued pension benefits; reimbursement for casualty loss; profit from sale of property; and joint accounts (accounts in joint accounts in banks and similar institutions acquired by reason of death of the other joint owner). Given such, if the appellant is receiving accrued pension benefits from VA, it would be excluded from her countable income. Given this appeal is being remanded, the Board will give the appellant another opportunity to provide any additional information with respect to her medical expenses and income. The matters are REMANDED for the following action: 1. Contact the appellant and ask that she provide additional information concerning her medical expenses from September 1, 2013 to the present. This includes any out of pocket medical expenses, to include Medicare insurance premiums. The appellant must also provide any information concerning any income received from civil retirement, military retirement, and Social Security Administration (SSA) benefits. The appellant is to be informed that if she does not provide this information, the appeal will be decided based on the available information of record. 2. Provide an audit of the appellant’s death pension benefits from SEPTEMBER 1, 2013 TO THE PRESENT. The audit should include any accrued pensions benefits paid to the appellant. The audit should detail any amounts paid to the appellant, the dates of payment were made, and the purpose of the payments. 3. Make a request to SSA ascertaining the amounts of benefits paid to the appellant from 2013 to the present. 4. THE AOJ MUST REVIEW THE CLAIMS FILE AND ENSURE THAT THE FOREGOING DEVELOPMENT ACTION HAS BEEN COMPLETED IN FULL. IF ANY DEVELOPMENT IS INCOMPLETE, APPROPRIATE CORRECTIVE ACTION MUST BE IMPLEMENTED. IF ANY REPORT DOES NOT INCLUDE ADEQUATE RESPONSES TO THE SPECIFIC OPINIONS REQUESTED, IT MUST BE RETURNED TO THE PROVIDING EXAMINER FOR CORRECTIVE ACTION. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Abdelbary, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.